Victorian Current Acts Victorian Current ActsS. 84EA(1) amended by No. 69/2017 s. 73(1).
(1) The Secretary, on the application of a Council authorised officer, may give written approval to that officer to apply under subsection (2) to a magistrate for the issue of a search warrant in relation to a person's residence.
S. 84EA(2) amended by No. 69/2017 s. 73(2)(a).
(2) A Council authorised officer, may with the approval of the Secretary under subsection (1), apply to a magistrate for the issue of a search warrant in relation to a person's residence, if the officer believes on reasonable grounds that there is present in or on the premises—
(a) a dog that the authorised officer is entitled to seize under section 84CA ; or
S. 84EA(2)(b) amended by No. 69/2017 s. 73(2)(b).
(b) a document or thing that the authorised officer believes on reasonable grounds is relevant to determining if an offence under section 41EB has been committed in the municipal district of the Council that appointed the authorised officer.
S. 84EA(3) amended by Nos 37/2014 s. 10(Sch. item 46.2), 69/2017 s. 73(3), 6/2018 s. 68(Sch. 2 item 41).
(3) If the magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the authorised officer that there are reasonable grounds to believe that a dog that the authorised officer is entitled to seize under section 84CA is present in or on the premises or there is a document or thing in or on the premises that is relevant to determining if an offence under section 41EB has been committed, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising a Council authorised officer authorised in the warrant to execute the warrant with any necessary equipment—
(a) to enter the premises specified in the warrant; and
(b) to search for the dog identified in the warrant; and
(c) to examine that dog for the purposes of identifying the owner of the dog; and
(d) if necessary, to seize the dog for the purposes of determining if the dog has been used, or is the progeny of a dog used, in the alleged commission of an offence under section 41EB including for the purposes of taking a sample from the dog in accordance with section 74B; and
(e) to search for, examine, take copies or photographs of, take extracts from or seize, a document or thing, named or described in the warrant, which the authorised officer reasonably believes is relevant to determining if an offence under section 41EB has been committed.
S. 84EA(3A) inserted by No. 69/2017 s. 73(4).
(3A) A search warrant issued under subsection (3)—
(a) may authorise a Council authorised officer to execute the warrant; and
(b) may authorise any other person named or otherwise identified in the warrant to assist the authorised officer to execute the warrant.
S. 84EA(4) amended by No. 69/2017 s. 73(5).
(4) A Council authorised officer of a Council may apply for, and a magistrate may issue, a warrant under this section authorising the authorised officer to enter a premises that is not in the municipal district of the Council and the authorised officer may enter that premises despite section 224(7) of the Local Government Act 1989 .
(5) Any reference in this Part (other than this section) to a dog seized under this Part or words to that effect does not include a dog seized under this section.
S. 84EB inserted by No. 8/2014 s. 20.